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Balancing Public Market Benefits and Burdens for Smaller Companies Post-Sarbanes-Oxley

45 Pages Posted: 17 Feb 2005  

Paul Rose

Ohio State University - Moritz College of Law; Bocconi University - BAFFI Center on International Markets, Money, and Regulation; Tufts University - The Fletcher School of Law and Diplomacy; Fundación Instituto de Empresa, S.L. - IE Business School

Abstract

Accumulating evidence suggests that several recent regulations enacted by Congress and the SEC, including the Sarbanes-Oxley Act, have disproportionately burdened smaller public companies in a negative manner, such that many of these companies are exiting the public markets. This Article describes these regulations, reviews their effects, and proposes several options that the SEC might choose to address the imbalance of costs and benefits for small businesses. The simplest option would provide for a waiver or postponement of certain regulations imposed under the Sarbanes-Oxley Act More significant possible measures include the expansion of the SEC's small business regulatory regime under Regulation S-B, and the creation of a securities market for small-business issuers.

Keywords: Sarbanes-Oxley, small business

JEL Classification: K22

Suggested Citation

Rose, Paul, Balancing Public Market Benefits and Burdens for Smaller Companies Post-Sarbanes-Oxley. Willamette Law Review, Vol. 41, No. 3, Summer 2005. Available at SSRN: https://ssrn.com/abstract=668062

Paul Rose (Contact Author)

Ohio State University - Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Bocconi University - BAFFI Center on International Markets, Money, and Regulation ( email )

Milano, 20136
Italy

Tufts University - The Fletcher School of Law and Diplomacy ( email )

Medford, MA 02155
United States

Fundación Instituto de Empresa, S.L. - IE Business School ( email )

Calle Maria de Molina 12, Bajo
Madrid, Madrid 28006
Spain

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